R307-1-3*. Control of Installations.

3.1* Notice of Intent and Approval Orders

3.1.1* Except for the exemptions listed herein, any person planning to construct a new installation whi ch will or might reasonably be expected to become a so urce or an indirect source of air pollution or to make modifications or relocate an existing installation which will or might reasonably be expected to increase th e amount or change the effect of, or the character of , air contaminants discharged, so that such installation may be expected to become a source or indirect source of a ir pollution, or any person planning to install an air cleaning device or other equipment intended to cont rol emission of air contaminants from a stationary sour ce, shall submit to the Executive Secretary a notice of intent and receive an approval order prior to initi ation of construction, modification or relocation. The no tice of intent shall include plans, specifications and s uch other information as is necessary to determine whet her the proposed construction, installation, modificati on, relocation or establishment will be in accord with applicable requirements of these regulations as he deems necessary to review the proposal. Within 30 days af ter receipt of a notice of intent, or any additional information necessary to the review, the Executive Secretary shall advise the applicant of any deficie ncy in

the notice or the information submitted. The Execut ive Secretary shall transmit to the Administrator, EPA, a copy of each notice of intent for each major source or major modification and provide notice to the Administrator, EPA, of every action related to the consideration of such permit.

3.1.2* Within 90 days of receipt of all plans, specifications and other information required under this subsection 3.1, the Executive Secretary shall issue an order prohibiting the proposed construction, installation, modification, relocation or establish ment if he deems any part of it inadequate to meet the applicable requirements of these regulations. If mo retime is needed to review the proposal it shall not exceed

three 30-day extensions.

3.1.3* Prior to issuing an approval or disapproval order, the Executive Secretary shall advertise his intent to approve or disapprove in a newspaper of general circulation in the locality of the proposed constru ction, installation, modification, relocation or establish ment. A copy of the notice of intent to approve or disapp rove shall be sent to the applicant, the Administrator, EPA and to officials and agencies having cognizance ove r the location where the proposed construction would occu r as follows: any other state or local air pollution con trol agencies, the chief executives of the city and coun ty where the source would be located; any comprehensiv e regional land use planning agency, and any State, F ederal Land Manager, or Indian Governing body whose lands may be affected by emissions from the source or modificati on. Any expected degree of consumption of the maximum

allowable increases as stated in subsection 3.6 and proposed emission and/or operating limitations shal l be included in the notice. The Executive Secretary sha ll consider any analysis performed by a Federal Land M anager and provided to the Executive Secretary within the public comment period. If the Executive Secretary concurs with a demonstration of the Federal Land Manager that the emissions from the proposed source or modification would have an adverse impact on the air quality related v alues (including visibility) in any Federal Class I area, notwithstanding that the change in air quality resu lting

from emissions from such source or modification wou ld not

cause or contribute to concentrations which would e xceed the maximum allowable increases, the Executive Secr etary shall not issue an approval order for the source or

modification.

At least one location will be provided where the information submitted by the owner or operator and the State’s analyses of the proposal will be available for public inspection. A 30-day period shall be allowed for submission of public comment. If requested within 1 5 days of publication of notice, a hearing shall be held i n thearea of the proposed construction, installation,

modification, relocation or establishment. Any comm ents

or statements received shall be considered before a n order is issued. The public comment and hearing procedure shall not be required when an order is issued for t he purpose of extending the time to review plans and specifications.

3.1.4* Whenever the Executive Secretary determines that the plans, specifications and other information submitted, with such revisions as he may require, a re in accord with applicable requirements, he shall issue an order permitting the proposed constr uction, installation, modification, relocation or establishment, with the further stipulation that all required facilities be adequately and properly maintained. Issuing of an approval order does not relieve any owner or operat or of the responsibility to c omply with the provisions of these regulations or the State Implementation Plan or oth er local, state and/or Federal requirements. To accomm odate stage construction of a large source, he may issue an order authorizing construction of an initial stage prior

to receipt of detailed plans for the entire proposal provided he is satisfied through a review of genera l plans, engineering reports and other information th at the proposal is feasible under the intent of these regulations. Subsequent detailed plans will then be processed as prescribed in this paragraph. For phas ed construction projects the determination under parag raph 3.1.8 shall be reviewed and modified as appropriate at the earliest reasonable time prior to commencement of construction of each independent phase of the propo sed

source or modification.

3.1.5* Approval orders issued by the Executive Secr etary in accordance with the provisions of this subsectio n 3.1 shall be reviewed eighteen months after the date of issuance to determine the status of construction, installation, modification, relocation or establish ment. If a continuous program of construction, installati on, modification, relocation or establishment is not proceeding, the Executive Secretary may revoke theapproval order.

3.1.6* The following information, where applicable,

should be submitted with the notice of intent:

A. A description of the nature of the process(es) involved; the nature, procedures for handling and t he quantities of raw materials; the type and quantity of fuels employed; and the nature and quantity of fini shed product.

B. Expected composition and physical characteristic s of effluent stream both before and after treatment by an air cleaning device, including emission rates, volume, temperature and concentration of air contaminants.

C. Size, type and performance characteristics of ai r cleaning devices.

D. Location and elevation of the emission point and other factors relating to dispersion and diffusion of the air contaminant in relation to the emission to nearby structures and window openings, and other informati on necessary to appraise the possible effects of the

effluent.

E. The location of planned sampling points and the tests of the completed installation to be made by the own er when necessary to ascertain compliance.

F. The typical operating schedule.

G. A schedule for construction.

H. Any plans, specifications and related informatio n which are in final form at the time of submission o f

notice of intent.

I. Any other information necessary to determine if the proposed source or modification will be in complian ce with these regulations.

3.1.7* The following are exempt from the notice of intentrequirement:

A. Fuel-burning equipment, in which combustion take s place at no greater pressure than one inch of mercu ry above ambient pressure, with a rated capacity of le ss than five million BTU per hour using no other fuel than natural gas, or LPG or other mixed gas distributed by a utility in accordance with the rules of the Public Service Commission of the State of Utah, unless there are emissions other than combustion gases.

B. Comfort heating equipment, boilers, water heater s, air heaters and steam generators with a rated capacity of less than one million BTU per hour if fueled only b y fuel

oil numbers 1 - 6.

C. Emergency heating equipment, using coal or wood for fuel, with a rated capacity less than 50,000 BTU pe r hour.

D. Exhaust systems for controlling steam and heat t hat do not contain combustion products.

E. New parking areas of less than 600 vehicles capa city or modified parking areas increasing capacity by le ss than 350 vehicles.

F. Emissions of l,l,l-trichloroethane, methylene chloride, trichlorofluoromethane, dichlorodifluoromethane, chlorodifluoromethane, trifluoromethane, 1,1,2-trichloro-l,2,2-trifluoroet hane, 1,2-dichloro-1,1,2,2-tetrafluoroethane, methane, et hane, and chloropentafluoroethane. However, the owner or operator of a source emitting 10 tons per year or m ore of any of these compounds must submit a notice of inte nt to the Executive Secretary prior to construction of th e source and an annual report of emissions thereafter

3.1.8* The Executive Secretary shall issue an appro val order if he determines through plan review that the following conditions have been met:

A. The degree of pollution control for emissions, t oinclude fugitive emissions and fugitive dust, is at least

best available control technology except as otherwi se provided in these regulations.

B. The proposed installation will be in accord with applicable requirements of: Utah Air Conservation Regulations; National Standards of Performance for New Stationary Sources; National Primary and Secondary Ambient Air Quality Standards; National Emission Standards for Hazardous Air Pollutants; new source review criteria; maximum allowable increase and maximum allowable concentrations requirements for Preventio n of Significant Deterioration; the nonattainment plan f or the area, if the area is classified as a nonattainment area; and new source requirements for nonattainment areas under

the Federal Clean Air Act.

C. The Executive Secretary shall only issue an appr oval order under paragraph 3.6.5, for a major or major

modification which consumes more than 50% of the increments in paragraph 3.6.6, after receiving the approval of the Board.

3.1.9* The owner or operator of a source previously approved under this paragraph who intends to tempor arily relocate the source (not to exceed 180 consecutive days)

shall submit a notice of intent to relocate but is not required to submit additional plans and specificati ons nor is the Executive Secretary required to submit t he proposal for public comment prior to approval or disapproval.

3.1.10* The owner or operator of a major new source or major modification to be located in a nonattainment area or which would impact an area of nonattainment must , in addition to the requirements in Subsection R307-1-3 .1, submit with the notice of intent an adequate analys is of alternative sites, sizes, production processes, and environmental control techniques for such proposed so urce which demonstrates that benefits of the proposed so urce significantly outweigh the environmental and social costs imposed as a result of its location, construction, ormodification. The Executive Secretary shall review the

analysis. The analysis and the Executive Secretary’ s comments shall be subject to public comment as requ ired by R307-1-3.1.3. The preceding shall also apply in Salt Lake and Davis Counties for new major sources or modifications which are considered major for precur sors of ozone, including volatile organic compounds and nitrogen oxides.

R307-401-9. Relaxation of Limitations. At a time that a source or modification becomes a m ajor source or major modification because of a relaxation of any enforceable limitati on which was established a fter August 7, 1980, on the capacity of a source or modificatio n otherwise to emit a pollutant, such as a restriction on the hours of operation, then th e preconstruction requirements shall apply to the source as though construction had not yet commenced on the source or modification.

R307-401-10. Low Oxides of Nitrogen Burner Technolo gy. (1) All sources excluding non-commercial residentia l dwellings shall install oxides of nitrogen control/low oxides of nitrogen burners or controls resulting from application of an equivalent technology, as determined by the Exec utive Secretary, whenever existing fuel combustion burners are replaced, unless such r eplacement is not physically practical or cost effective. The request for an exe mption shall be presented to the Executive Secretary for review and approval.

*(2) Contingency Measures for Ozone Nonattainment A reas abd Salt Lake and Davis Counties. [Not approved into the SIP.]

Footnote: *EPA did not address the renumbering of rules R307- 401-1 through R307-401-8, R307- 401-10(2), and R307-401-11 in the above cited actio n. Therefore, R307-1-3.1.1, 3.1.2, 3.1.3, 3.1.4, 3.1.5, 3.1.6, 3.1.7, 3.1.8, 3.1.9, an d 3.1.10 remain in the federally-approv ed SIP.

Date shown in the adoption date field is the effect ive date and not adoption date.

Prior EPA action on this rule occurred on 5/5/95 (6 0 FR 22277).